New York — The day before the official start of basketball season, New York Assemblywoman Nily Rozic (D,WF-Fresh Meadows), New York State Senator Diane Savino (D,WF,I-Staten Island), and California Assemblywoman Lorena Gonzalez (D-San Diego) released a letter to NBA Commissioner Adam Silver requesting that the organization publicly disclose the employment status of cheerleaders and dancers for all 30 teams.

The letter, written in response to the first wage theft lawsuit filed by dancers for the Milwaukee Bucks, details conflicting reports of employment status for dancers with teams such as The New York Knicks and Brooklyn Nets.

Lauren Herington, a former Milwaukee Bucks cheerleader, who recently became the first cheerleader in the NBA to file a class action lawsuit joined the call, speaking out about the details of her case. In total, between games, practices, appearances and mandatory workouts Lauren worked over 1,000 hours for an average wage of less than $5 per hour.

“During my time as a Milwaukee Bucks Dancer, I was required to work full-time hours with part-time pay. Considering the fact that we were portrayed as ambassadors for the organization, the Bucks’ pay practices and overall treatment of its dancers is not only illegal but unfair and outdated. I can only hope that as a result of my efforts the Milwaukee Bucks and NBA take notice and implement immediate corrective actions so that future generations of dancers are treated fairly,” said Lauren Herington.

Herington’s lawsuit alleges violations against the United States Fair Labor Standards Act and Wisconsin’s labor laws, including but are not limited to failure to pay minimum wage and unpaid overtime pay. On the press conference call, Herington also detailed a system of intricate control such as mandatory daily calorie reports, weigh-ins, verbal and emotional abuse, pressure to sign a contract without taking it home to review, and threats not to discuss pay with other cheerleaders. She also described something called “Guy’s Night Out” where fans could pay to socialize with cheerleaders.

“Labor law violations that restrict access to basic workplace protections will not be tolerated in a multi-billion dollar industry that can afford to fairly compensate the cheerleaders and dancers they continually profit off of,” said Assemblywoman Rozic, who chairs the New York State Assembly Subcommittee on Emerging Workforce.

“We’ve passed legislation in California to protect cheerleaders and are prepared to go state by state if the NBA insists on a costly, drawn out fight in front of its fans,” said Gonzalez. “It’s our hope that the NBA will choose to simply to the right thing and make sure these women are being treated legally and with the same respect as all other workers.”

“Every woman has had to fight for her rights in the workplace and fair working conditions. This profession has been overlooked. The system is archaic and needs to be restructured. We can’t keep making a flawed system work. We need to change it,” said Lisa Murray, a former cheerleader for the Golden State Warriors.

The letter to Commissioner Silver marks the lawmakers’ next step in the push for fair wages. In September, legislators across the country wrote to NFL Commissioner Goodell requesting that he implement League policy to ensure team cheerleaders receive the financial and physical protections afforded under existing employment laws.

Background:

In June, Rozic and Savino introduced legislation to codify into law that cheerleaders are employees, not independent contractors, and entitled to all the protections thereof. Their bill mirrors Gonzalez’s legislation, which was signed into law in July.